Temporary Injunction Hearing
Tuesday, March 2, 2010 at 9:00PM I am currently defending a foreclosure case in Georgia. SunTrust Mortgage sent a notice of default and sent the case to an attorney to sell my property first Tuesday of the month, as it is done in Georgia. Georgia is a non-judicial state; based on the power of the sale clause in the mortgage document, the trustee can sale the property without going to court.
When I received the notice, I immediately sent a Debt Validation Letter to the foreclosing law firm. I also file a request for emergency injunction. SunTrust Mortgage was served with the Rule Nisi.
I called the judicial assistant to set up a hearing. At the hearing the defendant (SunTrust Mortgage) did not show up; however the judge wrongfully acted as their advocate. The degree of bias was palpable. I explained that STM does not own the note or deed of trust. It was as if I was talking to a wall. The judge dared to say that banks are never wrong. I couldn’t believe such an outrageous comment could be coming from a seating judge. I plan on appealing.
Reader Comments (3)
I have a similar case with a hearing on 4/29/2010. My lender is Bank of America. After reciving notice of intent to F/C, I requested to inspect the ORIGINAL note and assignment. They provided me with a photocopy of the note and a un-recorded assignments from MERS to Bank of America. My original loan was with GreenPoint. MERS has NO authority to assign a note!!! I fild suit in Fulton County and requested an emergency hearing to stop the F/C sale. The courts asked B of A to volunerily postpone the sale so they would not waste court time. They agreed and that sale was postponed. I then received notice that my hearing date was for 4/29, yet B of A sold my house on the court house steps on 3/2/2010, even though I had a hearing date of 4/29.
What County and Who is Judge is your case? I would love to follow what happens with your appeal becasue that sam thing might happn to me next week!!
Thanks Barb
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